If you have been appointed to administer a loved one’s estate, you are likely to encounter a wide variety of issues. Thus, it is essential that you let us provide you the legal counsel you need to abide by the law and avoid personal liability. One issue may arise when it is time to distribute the assets of the estate. What do you do if an heir has died during the estate administration process? Every case is different, depending on the terms of the will or trust. If the beneficiary is not related by blood to the deceased, the gift lapses (fails) and becomes part of the residue of the estate. If the beneficiary is related by blood to the testator or the testator’s spouse and the will does not provide for an alternate disposition, the descendants of the deceased beneficiary take the inheritance, including:
- The inheritance of the deceased heir may pass directly to their estate.
- If the deceased heir left a will, their inheritance will eventually be distributed to their beneficiaries according to their will.
- If the deceased heir does not leave a will, their inheritance will be distributed according to California’s laws of intestate succession.
It should be noted that in order for the inheritance to be distributed to the beneficiaries of the estate of the deceased heir, a separate probate matter will have to be filed for the deceased heir.
To set your appointment right away, please call us at: (714) 963-7543. You will not get the “typical law firm” feel from our office. We are different. Our systems are designed to save you time, to save you money, and to put you in control. At The Legacy Lawyers, we are dedicated to your peace of mind.